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Ask Board Certified Attorney Arcadier You...
Board Certified Attorney Arcadier
Board Certified Attorney Arcadier, Employment Lawyer
Category: Employment Law
Satisfied Customers: 1106
Experience:  Employment Law questions answered. Unpaid Wages, Overtime, Discrimination, Harassment, and many more employment related issues.
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You Are An Employee At A Nice Paper Mill And Want To Impress

Resolved Question:

You are an employee at a nice paper mill and want to impress the boss by burning the midnight oil (but not too close to the wood pulp). For four consecutive weeks, you work forty-five, forty-two, thirty-nine, and thirty-one hours. If you are a non-exempt employee covered by the Fair Labor Standards Act, how many hours of overtime pay, if any, would you be entitled to? What would be the rate?

Submitted: 5 years ago.
Category: Employment Law
Expert:  Board Certified Attorney Arcadier replied 5 years ago.
Board Certified Attorney: In your example, you are entitled to 7 hours of overtime paid at one and a half times your regular rate.
JACUSTOMER-dr97yxqq: I need 200 words in response to this.
Board Certified Attorney: The FlSA requires employers to pay one and a half times the hourly rate for each and every hour the employee works in a work week. The calculations are done on a weekly tolling which means that you cant use hours from one week to off set a prior week. It also does not matter that the employee volunteered to work this time, and it does not matter even if employer did not specifically authorize the time. Under the FLSA if the employee provides a benefit to the employer and the employee works more than 40 hours in a week and it is a non exempt employee, then employee must be paid for overtime at one and a half times his or her normal rate. The rate of pay, though it may seem straight forward, is often complex to calculate specially if the non exempt employee is a salaried employee. If employee is paid by the hour, then the calculation is simple, it is simply 1.5 times his or her hourly rate. On the other hand, if the employee is salaried, an hourly rate needs to be calculated. Courts are split on how to calculate this rate. Some take the salary and divide by 40, others use the entire amount of the work week worked and divide it by the weekly pay. Also, some courts only add half time to hours worked over 40 figuring that the salary is made to compensate employee for all time worked. In this view, the employee would only get an additional half time the hourly rate for each and every hour over 40.
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